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PRIMARY  ELECTION  LAWS 


PASSJ3D  BY  THE 


44TH  GENERAL  ASSEMBLY 


OF  THF 


STATE   OF    MISSOURI 


1907. 


JNO.    E.    SWANGER, 

Secretary  of  State. 


THE    HUGH    STEPHENS    PRINTING    COMPANY. 
JEFFERSON   CITY.    MO. 


t 

9.0 


[S.  B.  19] 


ELECTIONS,  PRIMARY. 

AX  ACT  to  provide  for  party  nominations  by  direct  vote. 


SECTION 

22.  Vote— how  canvassed. 

23.  Returns— how  made. 

24.  Returns,    how   canvassed. 
26.    Who  declared  the  nominee. 

26.  Secretary  of  state  to  certify  result. 

27.  Secretary  state  to  certify  to  county 

clerk. 

28.  Party   committeeman— how    elected— 

platform,   how  made. 

29.  Tie  vote  to  be  determined  by  lot. 

31.  Corrupting  voters— penalty. 

31a.  Qualification  of  judges  and  clerks, 

32.  Certain  provisions  of  general  election 

law  to  apply. 

32a.  Authorizing    election    commissioners 
in  St.  Louis. 

33.  Repealing  inconsistent  acts. 

33b.  Presidential       electors— how      nomi- 
nated. 


SECTION 

1.  Shall  apply  to  what  offices. 

2.  Where  and  when   held. 

3.  Secretary  state  to  certify  names. 

4.  County  clerk  to  publish. 

5.  Form  of  ballot. 

6.  Nomination  papers— form. 

7.  Petition  for  nomination. 

8.  Qualification  of  signers. 

9.  Petition    shall    be    signed    by   whom. 

10.  Basis  of  percentage,  how  determined. 

11.  Nomination  papers,   where  filed. 

12.  Duty  of  secretary  of  state. 

13.  Notice   to   be   published. 

14.  How  published. 

15.  Ballots  to  be  printed. 

16.  Clerk  to  prepare  sample  ballot. 

17.  Costs   of   election— how   paid. 

18.  Names,     how    arranged— manner    of 

voting. 

19.  Vacancies— how  filled. 

20.  Qualification   of  voter. 

21.  Party    committee    to    appoint    chal- 

lengers. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  09 
follows : 

SECTION  1.  Hereafter  all  candidates  for  elective  offices  shall 
be  nominated  by  a  primary  held  in  accordance  with  this  act.  This 
act  shall  not  apply  to  special  elections,  to  fill  vacancies,  nor  to 
county  superintendents  of  schools,  to  city  officers  not  elected  at  a 
general  state  election,  to  town,  village  and  school  district  officers. 

SEC.  2.  The  primary  shall  be  held  at  the  regular  polling 
places  in  each  precinct  on  the  first  Tuesday  of  August,  1908,  and 
biennially  thereafter,  for  the  nomination  of  all  candidates  to  be 
voted  for  at  the  next  November  election. 

SEC.  3.  At  least  ninety  days  before  the  time  of  holding  such 
August  primary  the  secretary  of  state  shall  prepare  and  transmit 
to  each  county  clerk  a  notice,  in  writing,  designating  the  offices  for 
which  candidates  are  to  be  nominated  at  such  primary. 

SEC.  4.  Upon  receipt  of  such  notice,  such  county  clerk  shall, 
not  less  than  ten  days  thereafter,  publish  so  much  thereof  as 
may  be  applicable  to  his  county,  once  each  week,  for  six  consecutive 
weeks,  in  at  least  two,  and  not  to  exceed  four,  newspapers  of  gen- 
eral circulation,  published  in  said  county. 

SEC.  5.  The  name  of  no  candidate  shall  be  printed  upon  an 
official  ballot  used  at  any  primary  unless  at  least  sixty  days  prior 
to  such  primary  a  nomination  paper  shall  have  been  filed  in  his 
behalf,  as  provided  in  this  act,  in  substantially  the  following  form : 

I,  the  undersigned,  a  qualified  elector  of  the  ( precinct 

of  the  town  of ) ,  or  (the precinct  of  the  ....  ward  of 

the  city  of ) ,  county  of and  state  of  Missouri, 

and  a  member  of  the party,  hereby  nominate , 

who  resides  (at  No ,  on street,  city  of ) , 

257163 


or  (in  the  town  of ) ,  in  the  county  of ,  as  a  candi- 
date for  the  office  of  (here  specify  the  office) ,  to  be  voted 

for  at  the  primary,  to  be  held  on  the  first  Tuesday  of  August,  1908, 
as  representing  the  principles  of  said  party,  and  I  further  declare 
that  I  intend  to  support  the  candidate  named  herein. 

In  cities. 
Name  of  signer.  Street  No.  Date  of  signing. 


"Provided,  that  for  county  offices  a  declaration  by  the  candi- 
date, in  which  shall  be  stated  the  applicant's  full  name  and  resi- 
dence, the  office  for  which  he  proposes  as  a  candidate,  and  the  party 
upon  whose  ticket  he  is  to  be  a  candidate,  shall  be  accepted  and 
filed  by  the  proper  official  in  lieu  of  all  other  nomination  papers  as 
required  in  this  act.  Said  declaration  to  be  filed  in  tne  same  time 
and  manner  as  is  provided  for  the  filing  of  other  nomination  papers 
in  this  act." 

SEC.  6.  All  nomination  papers  "except  for  county  offices"  shall 
have  substantially  the  above  form  written  or  printed  at  the  top 
thereof.  No  signatures  shall  be  counted  unless  they  be  upon  sheets, 
each  having  such  form  written  or  printed  at  the  top  thereof. 

SEC.  7.  Each  signer  of  a  nomination  paper  shall  sign  but  one 
such  paper  for  the  same  office,  and  shall  declare  that  he  intends 
to^  support  the  candidate  named  therein;  he  shall  add  his  residence, 
with  the  street  and  number,  if  any,  and  the  date  of  signing. 

SEC-  8.  For  all  nominations,  except  state  officers,  all  signers 
of  each  separate  nomination  paper  shall  reside  in  the  same  precinct. 
For  state  officers,  all  signers  on  each  separate  nomination  paper 
shall  reside  in  the  same  county.  The  affidavit  of  a  qualified  elector 
shall  be  appended  to  each  such  nomination  paper,  stating  that  he  is 
personally  acquainted  with  all  persons  who  have  signed  the  same, 
and  that  he  knows  them  to  be  electors  of  that  precinct  or  county, 
a[s]  the  nomination  papers  shall  require;  that  he  knows  that  they 
signed  the  same  with  full  knowledge  of  the  contents  thereof,  and 
that  their  respective  residences  are  stated  therein,  and  that  each 
signer  signed  the  same  on  the  date  stated  opposite  his  name,  and 
that  he,  the  affiant,  intends  to  support  the  candidate  named  therein. 
Such  affidavit  shall  not  be  made  by  the  candidate,  but  each  candi- 
date shall  file  with  his  nomination  paper,  or  papers,  a  declaration 
that  he  will  qualify  as  such  officer,  if  nominated  and  elected. 

SEC.  9.  Such  nomination  papers  shall  be  signed:  (a)  If 
for  a  state  office,  by  at  least  one  per  cent  of  the  voters  of  the  party 
of  such  candidate,  in  at  least  each  of  six  counties  in  the  state,  and  in 
the  aggregate  not  less  than  one  per  cent,  nor  more  than  ten  per 
cent  of  the  total  vote  of  his  party  in  the  state,  (b)  If  for  a  repre- 
sentative in  congress,  by  at  least  two  per  cent  of  the  voters  of  his 
party,  in  at  least  one-tenth  of  the  election  precincts  in  each  of  at 


least  one-half  of  the  counties  of  the  congressional  district,  and  in 
the  aggregate  not  less  than  two  per  cent,  nor  more  than  ten  per 
cent,  of  the  total  vote  of  his  party  in  such  district,  (c)  If  for  an 
office  representing  less  than  a  congressional  district  in  area,  by  at 
least  three  per  cent  of  the  party  vote  in  at  least  one-sixth  of  the 
election  precincts  of  such  district,  and  in  the  aggregate  not  less 
than  three  per  cent,  nor  more  than  ten  per  cent  of  the  total  vote 
of  his  party  in  such  district.  Provided,  that  the  office  of  repre- 
sentative to  the  general  assembly  of  Missouri  shall  be  regarded  as 
a  county  office  under  the  provisions  of  this  act. 

SEC.  10.  The  basis  of  percentage  in  each  case  shall  be  the 
vote  of  the  party  for  the  presidential  elector  receiving  the  largest 
vote  at  the  last  preceding  presidential  election.  But  any  political 
organization  which  at  the  last  preceding  general  election  was  repre- 
sented on  the  official  ballot  by  either  regular  party  candidates  or 
by  individual  nominees  only,  may,  upon  complying  with  the  provis- 
ions of  this  act,  have  a  separate  primary  election  ticket  as  a  political 
party,  if  any  of  its  candidates  or  individual  nominees  receive  one 
per  cent  of  the  total  vote  cast  at  the  last  preceding  general  election 
in  the  state,  or  subdivision  thereof,  in  which  the  candidate  seeks  the 
nomination.  Nomination  papers  may  also  be  filed  for  non-partisan 
candidates ;  such  papers  shall  contain  at  least  two  per  cent  and  not 
more  than  ten  per  cent  of  the  total  vote  cast  at  the  last  preceding 
general  election  in  the  state,  or  subdivision  thereof,  in  which  the 
person  is  a  candidate,  such  signers  to  be  distributed  in  each  case  as 
provided  by  the  provisions  of  this  act. 

SEC.  11.  All  nomination  papers  shall  be  filed  as  follows: 
1.  For  state  officers,  representatives  in  congress,  and  those  members 
of  senate  and  assembly  whose  districts  comprise  more  than  one 
county,  in  the  office  of  the  secretary  of  state.  2.  For  officers  to 
be  voted  for  wholly  within  one  county,  in  the  office  of  the  county 
clerk  of  such  county.  3.  When  nomination  papers  shall  be  re- 
ceived which  contain  ten  per  cent  of  the  total  vote,  as  limited  in 
subdivisions  a,  b  and  c  of  section  9  of  this  act,  the  clerk,  with  whom 
such  papers  are  required  to  be  filed,  shall  not  receive  or  file  further 
nomination  papers  for  the  candidate  named  therein. 

Sec.  12.  At  least  fifty-five  days  before  any  primary  preceding 
a  general  election,  the  secretary  of  state  shall  transmit  to  each 
county  clerk  a  certified  list  containing  the  name  and  postoffice  ad- 
dress of  each  person  for  whom  nomination  papers  have  been  filed 
in  his  office,  and  entitled  to  be  voted  for  at  such  primary,  together 
with  a  designation  of  the  office  for  which  he  is  a  candidate,  and  the 
party  or  principle  he  represents. 

SEC.  13.  Such  clerk  shall  forthwith,  upon  receipt  thereof,  pub- 
lish, under  the  proper  party  designation,  the  title  of  each  office, 
the  names  and  addresses  of  all  persons  for  whom  nomination  pa- 
pers have  been  filed,  giving  the  name  and  address  of  each,  the  date 
of  the  primary,  the  hours  during  which  the  polls  will  be  opened, 
and  that  the  primary  will  be  held  at  the  regular  polling  places  in 
each  precinct.  It  shall  be  the  duty  of  the  county  clerk  to  publish 
such  notice  for  three  consecutive  weeks  prior  to  said  primary. 

SEC.  14.  Every  publication  required  in  this  act  shall  be  made 
in  at  least  two,  and  not  to  exceed  four,  newspapers  of  general  cir- 
culation in  such  county ;  one  of  such  newspapers  shall  represent  the 


political  party  that  cast  the  largest  vote  in  such  county  at  the  pre- 
ceding general  election,  and  one  of  such  newspapers  shall  repre- 
sent the  political  party  that  cast  the  next  largest  vote  in  such  county 
at  the  preceding  general  election.  In  any  case  where  the  publica- 
tion of  notice  cannot  be  made,  as  hereinbefore  required,  it  may  be 
made  in  any  newspaper  haying  a  general  circulation  in  the  county 
in  which  the  notice  is  required  to  be  published. 

SEC.  15.  An  official  ballot  shall  be  printed  and  provided  for 
use  at  each  voting  precinct  in  the  form  provided  herein.  The 
names  of  all  candidates  for  the  respective  offices,  for  whom  the 
nomination  papers  prescribed  shall  have  been  duly  filed,  shall  be 
printed  thereon. 

SEC.  16.  At  least  twenty  days  before  the  August  primary  each 
county  clerk  shall  prepare  sample  official  ballots,  placing  thereon, 
alphabetically,  under  the  appropriate  title  of  each  office  and  party 
designation,  the  names  of  all  candidates  to  be  voted  for  in  the  pre- 
cinct of  his  county,  for  whom  nomination  papers  have  been  filed. 
Such  sample  ballot  shall  be  printed  upon  tinted  or  colored  paper, 
and  shall  contain  no  blank  endorsement  or  certificate.  Such  clerk 
shall  forthwith  submit  the  ticket  of  each  party  to  the  county  chair- 
man thereof,  and  mail  a  copy  to  each  candidate  for  whom  nomi- 
nation papers  have  been  filed  with  him,  as  required  by  this  act, 
to  his  postoffice  address,  as  given  in  such  nomination  paper,  and 
he  shall  post  a  copy  of  each  sample  ballot  in  a  conspicuous  place  in 
his  office.  On  the  tenth  day  before  such  primary  the  county  clerk 
shall  correct  any  errors  or  omissions  in  the  ballot,  cause  the  same 
to  be  printed  and  distributed,  as  required  by  law,  in  the  case  of 
ballots  for  the  general  election,  except  that  the  number  of  ballots 
to  be  furnished  to  each  precinct  shall  be  twice  the  number  of  votes 
cast  thereat  in  the  last  preceding  general  election. 

Sec.  17.  All  ballots,  blanks  and  other  supplies  to  be  used  at 
any  primary,  and  all  expenses  necessarily  incurred  in  the  prepara- 
tion for  or  conducting  such  primary,  shall  be  paid  out  of  the  treas- 
ury of  the  city,  county  or  state,  as  the  case  may  be,  in  the  same 
manner,  with  like  effect,  and  by  the  same  officers  as  in  the  case 
of  elections. 

SEC.  18.  At  all  primaries  there  shall  be  as  many  separate 
tickets  as  there  are  parties  entitled  to  participate  in  said  primary 
election.  There  shall  also  be  a  non-partisan  ticket,  upon  which 
under  appropriate  title  of  each  office,  shall  be  printed  the  names  of 
all  persons  for  whom  nomination  papers  shall  have  been  filed,  as  re- 
quired by  this  act,  who  are  not  designated  on  such  nomination 
papers  as  candidates  for  any  political  party,  as  defined  by  this  act. 
The  names  of  all  candidates  shall  be  arranged  alphabetically,  ac- 
cording to  surnames,  under  the  appropriate  title  of  the  respective 
offices,  and  under  the  proper  party  designation  upon  the  party  ticket, 
or  upon  the  non-partisan  ticket,  as  the  case  may  be.  If  any  elector 
write  upon  his  ticket  the  name  of  any  person  who  is  a  candidate 
for  the  same  office  upon  some  other  ticket  than  that  upon  which  his 
name  is  so  written,  this  ballot  shall  be  counted  for  such  person  only 
as  a  candidate  of  the  party  upon  whose  ticket  his  name  is  written, 
and  shall  in  no  case  be  counted  for  such  person  as  a  candidate  upon 
any  other  ticket.  In  case  the  person  is  nominated  upon  more  than 
one  ticket,  he  shall  forthwith  file  with  the  proper  officer,  or  officers, 


in  charge  of  the  preparation  of  the  ballots,  a  written  declaration,  in- 
dictating  the  party  designation  under  which  his  name  is  to  be 
printed  on  the  official  ballot.  On  any  day  of  nomination  of  public 
officers  in  any  primary  election  precinct,  each  qualified  elector  shall 
be  entitled  to  receive  from  the  judges  of  election  one  ballot  of  the 
political  party  participating  in  such  election  for  which  he  desires  to 
vote.  It  shall  be  the  duty  of  such  judges  of  election  to  deliver  such 
ballot  to  the  elector.  Before  delivering  any  ballot  to  the  elector,  the 
two  judges  of  election  having  charge  of  the  ballots  shall  write  their 
names  or  initials  upon  the  back  of  the  ballot  with  indelible  pencil, 
and  no  other  writing  shall  be  on  the  back  of  the  ballot,  except  the 
number  of  the  ballot  voted. 

SEC.  19.  Vacancies  occurring  after  the  holding  of  any  pri- 
mary shall  be  filled  by  the  party  committee  of  the  district,  county  or 
state,  as  the  case  may  be. 

SEC.  20.  No  person  shall  be  entitled  to  vote  at  any  primary 
unless  a  qualified  elector  of  the  precinct,  and  duly  registered  there- 
in, if  registration  thereat  be  required  by  law. 

Sec.  21.  The  party  committee  of  each  county  may  appoint, 
in  writing,  over  their  signatures,  two  party  agents  at  each  precinct 
or  representatives,  with  an  alternate  for  each,  who  shall  act  as 
challengers  for  their  respective  parties,  and  have  the  power  pre- 
scribed by  law.  The  right  of  any  person  to  vote  at  a  primary  may 
be  challenged  upon  the  same  ground,  and  his  right  to  vote  be  de- 
termined in  the  same  manner  as  at  an  election.  The  chairman  of 
each  party  committee  of  any  county  may  represent  his  party  at  the 
polling  booth  during  the  canvass  and  return  of  the  vote  at  a  pri- 
mary, or  he  may  appoint  an  agent,  or  designate  a  member  of  his 
committee  for  that  purpose. 

SEC.  22.  The  canvass  of  votes  cast  shall  be  made  in  the 
same  manner  and  by  the  same  officers  as  the  canvass  of  an  election. 
The  party  chairman  of  the  county  in  a  precinct  canvass  of  the 
county  in  a  county  canvass,  of  the  state  in  a  state  canvass,  or  some 
duly  appointed  agent  to  represent  each  party,  shall  be  allowed  to 
be  present  and  observe  the  proceedings. 

SEC.  23.  The  precinct  judges  and  clerks  of  election  shall,  on 
separate  sheets,  on  blanks  to  be  provided  for  that  purpose,  make 
full  and  accurate  returns  of  the  votes  cast  for  each  candidate,  and 
shall,  within  twenty-four  hours,  cause  to  be  delivered  one  copy  of 
such  returns  as  to  each  political  party,  to  the  county  chairman  of 
that  party,  and  also  cause  such  returns  to  be  delivered  to  the  county 
clerk :  Provided  always,  that  such  returns  shall  be  sent  by  regis- 
tered mail  where  practicable. 

SEC.  24.  The  county  canvass  of  the  returns  of  a  primary  shall 
be  made  by  the  same  officers,  and  in  the  manner  as  now  provided 
by  law,  for  the  canvass  of  returns  of  a  November  election.  The 
canvassers  shall  meet  and  canvass  such  returns  at  ten  o'clock  on 
the  Friday  following  the  primary.  Their  returns  shall  contain  the 
whole  number  of  votes  cast  for  each  candidate  of  each  ^ political 
party,  and  a  duplicate  as  to  each  political  party  shall  be  delivered  to 
the  county  chairman  of  such  party.  The  canvassers  shall  also  make 
an  additional  duplicate  return  in  the  same  form,  showing  the  votes 
cast  for  each  candidate  not  voted  for  wholly  within  the  limits  of  the 
county.  The  county  clerk  shall  forthwith  send  to  the  secretary  of 


8 

state,  by  registered  mail,  one  complete  copy  of  all  returns  as  to 
such  candidates,  and  he  shall  likewise  send  to  the  chairman  of  the 
state  central  committee  of  each  party  a  duplicate  copy  of  the  re- 
turns last  described  relating  to  such  candidates  of  each  party. 

SEC.  25.  The  person  receiving  the  greatest  number  of  votes 
at  a  primary  as  the  candidate  of  a  party  for  an  office  shall  be  the 
candidate  of  that  party  for  such  office,  and  his  name  as  such  candi- 
date shall  be  placed  on  the  official  ballot  at  the  following  election. 

SEC.  26.  As  soon  as  the  state  canvass  of  a  primary  shall  be 
certified  to  him,  the  secretary  of  state  shall  cause  to  be  published 
a  certified  statement  of  the  result  of  such  primary  as  to  candidates 
for  state  officers,  and  representatives  in  congress,  and  any  other 
candidate  whose  district  extends  beyond  the  limits  of  a  single 
county,  and  shall  mail  to  the  chairman  of  the  state  central  commit- 
tee of  each  party  so  much  of  such  certificate  as  relates  to  his  party. 

SEC.  27.  Not  less  than  fourteen  days  before  any  November 
election,  the  secretary  of  state  shall  certify  to  the  county  clerk  of 
each  county  within  which  any  of  the  electors  may  vote  for  the  can- 
didates for  such  offices,  the  name  and  description  of  each  person 
nominated  for  any  such  office  as  specified  in  the  nomination  papers. 

SEC.  28.  At  the  August  primary  each  voter  may  write,  in  the 
space  left  on  his  ticket  for  that  purpose,  the  name  of  one  qualified 
elector  of  the  ward  or  township,  as  the  case  may  be,  for  his  ward  or 
township  committeeman,  and  the  one  having  the  highest  number 
of  votes  in  such  ward  and  township  shall  be  the  member  of  the 
party  committee  of  such  county,  and  each  county  committee  com- 
posed of  the  various  ward  and  township  committeemen  shall  meet  at 
the  county  seat  of  such  county  on  the  first  Friday  after  the  said 
August  primary  and  organize  by  the  election  of  a  chairman,  secre- 
tary and  treasurer  of  such  committee,  and  the  chairman  so  elected 
of  each  county  committee  shall,  by  virtue  thereof,  become  a  member 
of  the  party  congressional,  senatorial  and  judicial  committee  of  the 
district  of  which  his  county  is  a  part.  Provided,  that  if  any  such 
congressional  district  shall  consist  wholly  of  one  county,  then  the 
members  of  the  county  committee  of  such  county  shall  constitute  the 
congressional  committee  of  such  district.  Such  congressional  com- 
mittee, so  composed  of  the  various  county  chairmen  of  each  dis- 
trict, shall  meet  at point,  in  such  congressional  district, 

designated  by  the  then  chairman  of  the  congressional  committee, 
en  the  second  Tuesday  in  August  after  such  primary  election,  and, 
when  so  met,  shall  organize  by  the  election  of  one  of  its  members  as 
chairman  of  such  committee,  and  by  electing  a  secretary  and  treas- 
urer, and  shall  then  proceed  to  name  two  qualified  electors  of  such 
district  as  members  of  the  party  state  committee,  which  state 
committee,  being  composed  of  two  members  from  each  congres- 
sional district  in  the  state,  shall  meet  at  noon  on  the  second  Tuesday 
of  September  at  the  state  capitol  and  organize  by  the  election  of 
a  chairman,  who  shall  be  chairman  of  the  state  committee,  and  by 
the  election  of  a  secretary  and  treasurer  of  such  committee,  and 
after  having  so  organized  shall  meet  with  the  party  nominees  for 
state  officers,  congressmen,  state  senators,  representatives,  and 
forthwith  formulate  a  state  platform  for  their  party,  and  make 
public  the  same  not  later  than  6  o'clock  in  the  afternoon  of  the  fol- 
lowing day.  The  provisions  of  this  section,  so  far  as  consistent, 


9 

shall  apply  to  cities  that  are  divided  into  wards  for  election  pur- 
poses, and  when  the  word  county  is  used,  it  shall  apply  to  such 
committees  by  wards,  so  far  as  applicable. 

SEC.  29.  In  case  of  a  tie  vote,  the  tie  shall  forthwith  be  de- 
termined by  lot  by  the  canvassers. 

SEC.  30.  It  shall  be  the  duty  of  the  secretary  of  state,  on 
or  before  March  1,  1908,  to  prepare  all  forms  necessary  to  carry 
out  the  provisions  of  this  act,  which  forms  shall  be  substantially 
followed  in  all  primaries  held  in  pursuance  hereof.  Such  forms 
shall  be  printed  with  copies  of  this  act  for  public  use  and  distribu- 
tion. Every  day  on  which  an  August  primary  shall  be  held  shall 
be  a  legal  holiday. 

SEC.  31.  Any  person  who  shall  offer,  or  with  knowledge  of  the 
same,  permit  any  person  to  offer  for  his  benefit,  any  bribe  to  a 
voter  to  induce  him  to  sign  any  nomination  paper,  and  any  person 
who  shall  accept  any  such  bribe  or  promise  of  gain  of  any  kind  in 
the  nature  of  a  bribe  as  consideration  for  signing  the  same,  whether 
such  bribe  or  promise  of  gain  in  the  nature  of  a  bribe  be  offered 
or  accepted  before  or  after  such  signing,  or  any  candidate,  who  shall 
knowingly  cause  a  nomination  paper,  or  papers,  to  be  signed  in  his 
behalf  by  more  than  the  maximum  number  of  qualified  electors 
provided  for  his  district  by  this  act,  shall  be  guilty  of  a  misde- 
meanor, and,  upon  trial  and  conviction  thereof,  be  punished  by  a 
fine  of  not  less  than  twenty-five  nor  more  than  five  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  of  not  less  than  ten  days  nor 
more  than  six  months,  or  by  both  such  fine  and  imprisonment.  Any 
act  declared  an  offense  by  the  general  laws  of  this  state  concerning 
caucuses  and  elections,  shall,  also,  in  like  case,  be  an  offense  in  all 
primaries,  and  shall  be  punished  in  the  same  form  and  manner  as 
therein  provided,  and  all  the  penalties  and  provisions  of  the  law 
as  to  such  caucuses  and  elections,  except  as  herein  otherwise  pro- 
vided, shall  apply  in  such  case  with  equal  force,  and  to  the  same 
extent  as  though  fully  set  forth  in  this  act.  Any  person  who  shall 
forge  any  name  of  a  signer  or  witness  to  a  nomination  paper  shall 
be  deemed  guilty  of  forgery,  and,  on  conviction,  punished  accord- 
ingly. Any  person  who,  being  in  possession  of  nomination  papers 
entitled  to  be  filed  under  this  act,  or  any  act  of  the  legislature, 
shall  wrongfully,  either  suppress,  neglect  or  fail  to  cause  the  same 
to  be  filed  at  the  proper  time  in  the  proper  office  shall,  on  convic- 
tion, be  punished  by  imprisonment  in  the  county  jail  not  to  exceed 
six  months,  or  by  a  fine  not  to  exceed  five  hundred  dollars,  or  by 
both  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 

SEC.  31a.  The  judges  and  clerks  for  primary  elections  held 
under  this  act,  shall  be  provided  by  the  same  appointing  power, 
in  the  same  manner,  and  possess  the  same  qualifications  and  con- 
sist of  the  same  number  as  judges  and  clerks  of  general  elections 
in  this  state :  Provided,  that  in  all  counties  in  this  state  which 
now  contain,  or  hereafter  may  contain,  a  city  of  not  less  than 
100,000  inhabitants  nor  more  than  400,000  inhabitants,  the  county 
committee  of  each  political  party  which,  at  the  general  election 
held  next  preceding  any  primary  election  held  under  the  provisions 
of  this  act,  cast  at  least  ten  per  cent,  of  all  the  votes  cast  at  such 
election  in  such  county,  shall  appoint  three  judges  and  one  clerk 
for  such  primary  election  for  each  election  precinct  in  such  county 


10 

outside  of  such  city,  and  in  all  such  cities  the  judges  and  clerks 
of  election  regularly  appointed  and  commissioned  for  regular  elec- 
tions shall  act  as  judges  and  clerks  of  all  primary  elections  held 
under  the  provisions  of  this  act. 

SEC.  32.  The  provisions  of  the  statutes  now  in  force  in 
relation  to  the  holding  of  elections,  the  solicitation  of  voters  at 
the  polls,  the  challenging  of  voters,  the  manner  of  conducting  elec- 
tions, of  counting  the  ballots  and  making  return  thereof,  and  all 
other  kindred  subjects,  shall  apply  to  all  primaries  in  so  far  as 
they  are  consistent  with  this  act,  the  intent  of  this  act  being  to 
place  the  primary  under  the  regulation  and  protection  of  the  laws 
now  in  force  as  to  elections. 

SEC.  32a.  That  any  duty  devolved  upon  or  power  given  to  the 
county  clerk  by  this  act  shall,  in  the  city  of  St.  Louis,  be  performed 
by  the  board  of  election  commissioners  for  said  city,  or  a  majority 
of  them. 

SEC.  33.  All  act  or  parts  of  acts  inconsistent  with,  or  in  con- 
flict with  the  provisions  of  this  act,  are  hereby  repealed. 

SEC.  33b.  The  state  committee  of  any  political  party  may  call 
a  convention  of  delegates  to  be  apportioned,  chosen  or  elected^  in 
such  manner  as  it  may  prescribe,  for  the  purpose  of  nominating 
presidential  electors,  electing  delegates  to  national  conventions, 
electing  members  of  national  committees,  adopting  or  making  such 
declarations  of  party  principles  with  reference  to  national  ques- 
tions as  may  be  deemed  advisable,  and  to  do  and  to  perform  any 
other  act  not  prohibited  by  or  inconsistent  with  this  law. 

Approved  March  18,  1907. 


[H.  B.  6.] 


ELECTIONS,  PRIMARY:     U.  S.  SENATOR. 


AN  ACT  to  provide  for  the  selection  of  the  caucus  nominee  for  United  States  senator, 
and  instructing  the  members  of  the  general  assembly  of  the  slate  of  Missouri 
to  vote  for  said  nominees. 


SECTION 

1.  Candidates    for    U.    S.    senate    to    be 

voted  on,   when. 

2.  Application  to  be  filed  with  secretary 

of  state. 

3.  Secretary  of  state   to  certify  list. 


SECTION 

4.  Duty     of    county    clerk    to     prepare 

ballot. 

5.  Vote,    how   counted. 

6.  Who  declared  nominee. 


Be  it  enacted  by  the  General  Assembly  of  the  State  of  Missouri,  as 

follows: 

SECTION  1.  At  each  general  election  held  in  the  state  of  Mis- 
so~uri,  at  which  a  legislature  is  chosen,  whose  duty  it  shall  be  to 
elect  a  United  States  senator,  according  to  the  laws  and  Constitu- 
tion of  the  state,  the  names  of  the  candidates  of  each  political 
party  for  said  office  of  United  States  senator  shall  be  placed  upon 
the  ballots  of  the  political  party  to  which  the  candidate  belongs, 
of  the  several  political  parties,  and  be  voted  upon  at  said  general 
election. 

SEC.  2.  At  least  sixty  (60)  days  prior  to  said  general  election 
each  person  desiring  to  be  a  candidate  for  the  office  of  United 


11 

States  senator  shall  file  with  the  secretary  of  state  his  application, 
stating  his  full  name,  residence  and  postof fice  address,  also  the 
political  party  to  which  he  belongs,  and  upon  whose  ticket  he  wishes 
his  name  entered  as  a  candidate. 

SEC.  3.  The  secretary  of  state  shall,  at  least  thirty  (30)  days 
prior  to  the  general  election,  make  out  separate  lists  of  the  candi- 
dates for  each  ticket  and  arrange  them  in  alphabetical  order  in  re- 
lation to  the  surname,  and  certify  a  true  copy  of  each  ticket  to 
each  county  clerk  in  the  state,  and  to  the  proper  officer  in  the  city 
of  St.  Louis. 

SEC.  4.  The  county  clerks  and  the  proper  officer  in  the  city 
of  St.  Louis  shall  have  these  names  printed  upon  the  official  ballots 
to  be  voted  at  such  general  election.  The  names  shall  be  printed 
in  the  order  as  arranged  by  the  secretary  of  state,  and  the  list  of 
each  party's  candidates  shall  be  placed  only  upon  the  ticket  of  that 
particular  party.  The  names  shall  be  placed  as  aforesaid  under 
the  heading  "Candidates  for  United  States  senator,"  and  shall  be 
placed  immediately  following  the  caption  or  heading  of  the  ticket. 
Immediately  underneath  the  heading,  "Candidates  for  United 
States  senator"  shall  be  printed  in  small  type,  and  in  parenthesis 
the  following  instructions  to  voters:  "Draw  a  line  through  all 
the  names  you  do  not  wish  to  vote  for."  The  voter  may  scratch 
out  all  the  names  of  candidates  for  the  United  States  senate  on  one 
ticket  and  vote  for  some  person  not  on  any  ticket,  by  writing  said 
name  underneath  those  scratched  out,  and  said  vote  shall  be  counted 
for  the  person  thus  voted  for;  but  no  voter  can  vote  on  one  ticket 
for  any  candidate  for  United  States  senator  whose  name  officially 
appears  on  any  other  ticket. 

SEC.  5.  The  vote  for  United  States  senator  shall  be  counted, 
recorded  and  certified  to  the  same  as  the  vote  for  all  other  officers. 

SEC.  6.  The  person  found  to  have  the  largest  number  of  votes, 
upon  the  ticket  that  shall  have  a  majority  on  joint  ballot  in  the 
joint  assembly  of  the  state  legislature,  at  the  session  held  next 
after  said  election,  shall  be  declared  to  be  the  caucus  nominee  of 
said  political  party,  and  all  members  of  said  party  in  the  legislature 
shall  vote  for  said  person.  Likewise  the  caucus  nominees  of  the 
other  political  parties  shall  be  the  persons  receiving  the  highest 
number  of  votes  upon  their  respective  tickets. 

Approved  March  15,  1907. 


gtfLORO   BROS. 

HHHH 

SYRACUSE,  -H.Y. 


YP,  08667 


